Craig Martell on tue 6 apr 99
Hi:
First, I think it would be fine if you mentioned the name and location of
the gallery. As long as you are truthful and acurate about the facts
regarding your situation there is no reason for the gallery to retaliate
legally and no way that they could, legally! You may be doing another
ceramist a great service by alerting us about a problem gallery.
Do you have a signed contract with this gallery regarding the methods and
guidelines for payment. If so, review it and if they are in violation of
the time line for payment, send them a copy of the contract with this
section highlighted along with a demand letter for payment. If all else
fails, have a lawyer write them a letter on your behalf. This will
sometimes alert a sluggish or non caring gallery that you are serious about
being paid and will carry through with things. Sometimes this is simply a
matter of sloppy business practices but it could also mean that you are
dealing with a gallery that used geographical distance to their advantage,
meaning that they don't feel they need to be prompt because you are a long
way off and won't be aggressive.
Some states have legislation on the books concerning the sale of art on
consignment. You could check with the home state of the gallery and find
out if there are any statutes that you could use in your efferts to collect
your payment. You could also send a copy of the state laws, or just mention
the statute and your knowledge of it to the gallery and this may help them
find their checkbook real quick. I live in Oregon and there is a very tough
art consignment bill on the books here. It is a great aid in dealing with
galleries that don't take care of business.
What really ticks me off sometimes is the apparent lack of respect that a
gallery will have for an artist. Some galleries assume that we are too
busy, too ignorant of law, or just too laid back and non professional to
act. In recent years, I have seen this attitude proven wrong by folks who
won't let anyone rip off their work, or drag their feet with payment. I
might mention that the Oregon law says that an artist must be paid within 45
days of the sale of any artwork. This bill also says that the gallery must
hold the artists proceeds from the sale "in trust", and may not use the
artists funds for operation of the gallery. More than a reasonable amount
of time has passed since the date of sale regarding yourteapot. Go after
the dough agressively and I wish you the best.
regards, Craig Martell in Oregon
Mark on wed 7 apr 99
I am not a lawyer but I played one in a former job.
The best way to deal with a problem like this is to establish a paper
trail. Do you have the receipt from when you shipped the pot? Do you have
any written record of the gallery taking the pot? How did they notify you
it was sold? If you don't have a paper trail, write a chronological
recollection of what happened when, and then create a paper trail from that
point forward.
Your next step should be to write a letter stating your understanding of
what happened (Dear Mr. Ripoff Artiste, I sent you x pot on y date for you
to sell in your gallery. You told me you sold it on this date for this
amount. I have yet to receive this amount. Please send this amount to me
by x date or I will be forced to resolve this dispute through legal means,
including small claims court, the better business bureau, chamber of
commerce, etc). Send this letter return receipt so you can verify he
received it. Then wait for the deadline. If he does not pay you, follow
through on your threat. Even if it means a hassle for you.
People who do this must be forced to deal with the consequences. And IMHO
(and Webster's), libel means a purposefully damaging, malicious or
misrepresenting statement. If you simply say that this happened to me and
I don't want this to happen to anyone else I see no reason why you should
fear being sued for libel and not warn others about this apparently
dishonest person. People often misuse legal terms to scare others into
silence. They can easily remedy the situation by paying you!
Good luck.
Mark
joe & lisa cecere on wed 7 apr 99
Marie..I had the same problem with a New York Gallery called "A SHOW OF
HANDS". This gallery looked impressive...and acted organized. This was back
in 1991-2...However,they we're under poor management and in a high rent
area.."the upper west side". Make long story short...they sold alot of my
work...just as I opened my new studio and business , then they one day
closed up shop. They owed me alot monies that I really needed to keep my
studio going....after many letters, phone calls they gave me 10% of what was
owed, I was broke at the time, so I had little recourse, Frankly, they were
such a distaster...I was lucky to get " the little bit". And ,they said
"sorry"!
Many of the people who were involved are still in the Clay business...I see
their names here and there...it really irks me.
Last month I was visting a friend in her Rosen show booth in Phila. Other
artists had xeroxed the list of non- paying galleries, each booth received
one and posted it next to their order forms. What a great idea! Let
everyone know who's not paying...Stores post names and bad checks at their
regesters, we should have some kind of recourse...and Clayart is certainly
is a good start ..let the potters know!
As for getting your money...I lost my battle...but learned a good
lesson...it never happened to me again. Good luck Lisa C
-----Original Message-----
From: Maria Elaine Lanza
To: CLAYART@LSV.UKY.EDU
Date: Monday, April 05, 1999 11:26 AM
Subject: Gallery Non-payment
>----------------------------Original message----------------------------
>Would any of you have any suggestions as to what recourse I may have to
>collect from a gallery selling one of my teapots but haven't received
>payment for?
>
>Its been since December 1998 that I was told the piece sold... I have made
>several calls only to be told in short to be patient and that the check
>would arrive within 10 days. My last call was over a month ago. I have in
>fact just thrown in the towel on this one and of course will not ship him
>any more. I realize I took a chance by shipping a piece to an out of state
>gallery but I was taken in by his appeal and that his gallery focuses on
>teapots alone.
>
>I'm tempted to tell you the gallery name and owner as a warning to others
>but won't for fear of libel. This was my first effort in dealing with a out
>of state gallery and believe me it has left a scar I don't want to
>experience again.
>
>If you have similar stories to share then just maybe I won't feel so bad or
>stupid... Appreciate any responses. Thanks!
>
>Marie Elaine
>
Janet Tamulevich on thu 8 apr 99
My family attorney suggested that I put the folowing statement on all
delivery paperwork
when I bring pieces to a gallery - and make sure someone signs the paperwork:
"All work remains the property of the Artist until payment has been recieved
for the work." This statement means that if the shop sold my work but does
not pay me then the work is still legally mine. . .I could contact the
customer (if I know who he/she is and get my piece back - how embarrassing
for the shop!! This statement also helps if the shop should go-under - the
courts would consider the work is mine and the shop could know sell for "2
cents on the dollar" to pay off other creditors.
I've never had to excerise this statement so I don't know if it will work
but at least the shop owner knows that I'm not entirely an "Artistic Dummy".
Hope this helps.
Janet Tamulevich in NH where Spring has sprung and raku has begun!!!
John Jensen on fri 9 apr 99
I can remember a client who was slow to pay on one occasion...she said she
was so broke she might have to sell some stocks. Now, I understand her
position, one doesn't want to dip into the principal; but at the time I had
quite a different idea of what the word "broke" meant: It meant I didn't
have any money or any way to get any except to work for it and get paid. I
suspect a lot of those people who so casually rip off artists are not making
any sacrifices in their own personal lives when they go under financially.
Having had a couple of bad experiences, I seem to have developed a sense of
who is likely to end up costing me time and money and have avoided them.
Perhaps everyone needs to be vaccinated by a bad experience or two.
John Jensen
At 11:09 AM 4/7/99 EDT, you wrote:
>----------------------------Original message---------------------------
>
>People who do this must be forced to deal with the consequences. And IMHO
>(an They can easily remedy the situation by paying you!
>
>Good luck.
>
>Mark
>
>
John Jensen, mudbug@toad.net
Mudbug Pottery
Annapolis, Md.
paul on fri 9 apr 99
Another non-payment gallery is the "RULE" gallery in Denver, (owner is Robin
Rule). This is an old debt - about 9 years, but they received my work and
loved it and I haven't heard another word since. I called them a number of
times but because I live in the east there isn't much more that I have done
about it - just wrote it off as bad luck!
Paul Wilmoth
earthenware, and wood/salt stoneware
pwearthenware@email.msn.com
----- Original Message -----
From: joe & lisa cecere
To:
Sent: Wednesday, April 07, 1999 11:15 AM
Subject: Re: Gallery Non-payment
> ----------------------------Original message----------------------------
> Marie..I had the same problem with a New York Gallery called "A SHOW OF
> HANDS". This gallery looked impressive...and acted organized. This was
back
> in 1991-2...However,they we're under poor management and in a high rent
> area.."the upper west side". Make long story short...they sold alot of my
> work...just as I opened my new studio and business , then they one day
> closed up shop. They owed me alot monies that I really needed to keep my
> studio going....after many letters, phone calls they gave me 10% of what
was
> owed, I was broke at the time, so I had little recourse, Frankly, they
were
> such a distaster...I was lucky to get " the little bit". And ,they said
> "sorry"!
>
> Many of the people who were involved are still in the Clay business...I
see
> their names here and there...it really irks me.
>
> Last month I was visting a friend in her Rosen show booth in Phila.
Other
> artists had xeroxed the list of non- paying galleries, each booth received
> one and posted it next to their order forms. What a great idea! Let
> everyone know who's not paying...Stores post names and bad checks at their
> regesters, we should have some kind of recourse...and Clayart is certainly
> is a good start ..let the potters know!
>
> As for getting your money...I lost my battle...but learned a good
> lesson...it never happened to me again. Good luck Lisa C
>
> -----Original Message-----
> From: Maria Elaine Lanza
> To: CLAYART@LSV.UKY.EDU
> Date: Monday, April 05, 1999 11:26 AM
> Subject: Gallery Non-payment
>
>
> >----------------------------Original message----------------------------
> >Would any of you have any suggestions as to what recourse I may have to
> >collect from a gallery selling one of my teapots but haven't received
> >payment for?
> >
> >Its been since December 1998 that I was told the piece sold... I have
made
> >several calls only to be told in short to be patient and that the check
> >would arrive within 10 days. My last call was over a month ago. I have in
> >fact just thrown in the towel on this one and of course will not ship him
> >any more. I realize I took a chance by shipping a piece to an out of
state
> >gallery but I was taken in by his appeal and that his gallery focuses on
> >teapots alone.
> >
> >I'm tempted to tell you the gallery name and owner as a warning to others
> >but won't for fear of libel. This was my first effort in dealing with a
out
> >of state gallery and believe me it has left a scar I don't want to
> >experience again.
> >
> >If you have similar stories to share then just maybe I won't feel so bad
or
> >stupid... Appreciate any responses. Thanks!
> >
> >Marie Elaine
> >
CNW on sat 10 apr 99
Just wondering.... the gallery that sells my work is consistantly on time
like clockwork. And I was thinking that it might also be good to praise the
galleries that are wonderful as well as mention the not so good ones.
So if the moderator thinks it's okay, I'd like to mention that Carlton
Gallery, Banner Elk, NC has ALWAYS been outstanding in thier treatment of
me. Thanks Toni!
Celia in NC it's green outside, has anyone noticed?
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